No. 22-478

David M. Greco v. Matthew J. Platkin, Attorney General of New Jersey, et al.

Lower Court: Third Circuit
Docketed: 2022-11-21
Status: Denied
Type: Paid
Response Waived
Tags: 4th-amendment civil-procedure civil-rights constitutional-challenge due-process erpo-act fourth-amendment standing state-court-proceedings younger-abstention
Key Terms:
SocialSecurity FourthAmendment DueProcess FirstAmendment SecondAmendment CriminalProcedure Securities Patent ClassAction JusticiabilityDoctri
Latest Conference: 2023-01-13
Question Presented (AI Summary)

Whether the fact that the challenged portions of New Jersey's ERPO Act are flagrantly and patently violative of the Fourth Amendment bars the Federal Courts from abstaining under Younger

Question Presented (OCR Extract)

QUESTIONS PRESENTED The questions presented are: 1. Whether the fact that the challenged portions of New Jersey's ERPO Act are “... flagrantly and . patently violative ...” of the Fourth Amendment to the United States Constitution bars the Federal Courts, as a matter of fact and law, from abstaining under Younger? 2. Whether the District Court and Third Circuit incorrectly applied this Court’s precedents in Younger and the limited extension of that doctrine to related civil, quasi-criminal and administrative cases pending in state court and wrongfully and inappropriately abstained? 3. Whether the New Jersey Attorney General’s “Memo Fix” is a remedy that violates the rule in United States v. Stevens, 559 U.S. 460 (2010)? This case involves two parallel ongoing civil proceedings, one pending in New Jersey state court, the other pending in the United States District Court for the District of New Jersey. Both proceedings involve application of an admittedly unconstitutional New Jersey state statute, New Jersey’s version of a “Red Flag Gun Law”, the New Jersey Extreme Risk Protective Order Act of 2018 “ERPO Act”), New Jersey Public Law 2018, Chapter 35, now codified at N.J.S.A. 2C:58-20 through -32 (

Docket Entries

2023-01-17
Petition DENIED.
2022-12-28
DISTRIBUTED for Conference of 1/13/2023.
2022-12-21
Waiver of right of respondents Matthew Platkin, et al. to respond filed.
2022-12-19
Waiver of right of respondents Gloucester Township Police Department, et al. to respond filed.
2022-12-13
Waiver of right of respondents Camden County Prosecutor's Office, et al. to respond filed.
2022-08-10
Petition for a writ of certiorari filed. (Response due December 21, 2022)

Attorneys

Camden County Prosecutor's Office, et al.
Howard L. GoldbergOffice of County Counsel, Respondent
Howard L. GoldbergOffice of County Counsel, Respondent
David Greco
Richard G HuizengaLaw Offices of Albert J. Rescinio, LLC, Petitioner
Richard G HuizengaLaw Offices of Albert J. Rescinio, LLC, Petitioner
Gloucester Township Police Department, et al.
Daniel DeFiglioArcher & Greiner, P.C., Respondent
Daniel DeFiglioArcher & Greiner, P.C., Respondent
Matthew Platkin, et al.
Robert J. McGuireOffice of the New Jersey Attorney General, Respondent
Robert J. McGuireOffice of the New Jersey Attorney General, Respondent